Is a dower stipulation valid if it depends on whether the husband retains the wife in her home?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
A stipulation stating the dower is one thousand if the husband does not expel her from her home, and two thousand if he does expel her, is valid regarding the naming of the dower. Ahmad explicitly ruled for its validity. This is valid because the wife has a significant interest in remaining in her home among her family, which justifies the variable dower. The amount is increased upon the failure of this desirable condition (expulsion).
Supporting text
Al-Qadi and Abu Bakr hold two narrations concerning this: one view states the naming is invalid because it resembles conditions in a sale contract which are disallowed. The second view, which is also held by Abu Bakr, affirms validity because the increase is conditional and permissible.